Proposal for a Council Regulation amending Regulation (EC) No 527/2003 authorising the offer and delivery for direct human consumption of certain wines imported from Argentina which may have undergone oenological processes not provided for in Regulation (EC) No 1493/1999
Date: 2003-08-29
Institutions: European Commission
Subjects: common commercial policy, derogation from EU law, import (EU), vinification, wine

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.8.2003
COM(2003) 525 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 527/2003 authorising the offer and delivery for direct
human consumption of certain wines imported from Argentina which may have
undergone oenological processes not provided for in Regulation (EC) No 1493/1999

(presented by the Commission)

EXPLANATORY MEMORANDUM

Wines originating in third countries which have undergone oenological processes not allowed
by  Community  rules  may  not  be  offered  for  direct  human  consumption  in  the  Community,
except by way of specific derogation to be decided by the Council. The derogation procedure
is  provided  for  in  Article  45(2)  of  Council  Regulation  (EC)  No  1493/1999  on  the  common
organisation  of  the  market  in  wine.  Wines  originating  in  Argentina  may  have  malic  acid
added to control their acidity, an oenological process permitted by Argentina but prohibited in
the European Union.

Negotiations  between  the  Community,  represented  by  the  Commission,  and  the  Argentine
Republic on the respective oenological processes of the two parties are continuing with a view
to concluding an agreement on trade in wine. With a view to ensuring the continued smooth
progress  of  these  negotiations,  the  authorisation  of  certain  Argentine  oenological  processes
should  be  extended  until  the  entry  into  force  of  the  agreement  resulting  from  the  above
negotiations, but not later than 30 September 2004.

The Commission proposes that the presence of malic acid in wines originating in Argentina
be authorised until the close of the negotiations currently underway between the Community
and  the  Argentine  Republic  to  conclude  an  agreement  on  trade  in  wine,  but  not  later  than
30 September 2004.

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Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 527/2003 authorising the offer and delivery for direct
human consumption of certain wines imported from Argentina which may have
undergone oenological processes not provided for in Regulation (EC) No 1493/1999

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having  regard  to  Council  Regulation  (EC)  No  1493/1999  of  17  May  1999  on  the  common
organisation of the market in wine1, and in particular Article 45(2) thereof,

Having regard to the proposal from the Commission2,

Whereas:

(1)

Negotiations  are  currently  underway  between  the  Community,  represented  by  the
Commission,  and  Argentina  on  an  agreement  on  trade  in  wine.  These  involve  in
particular the respective oenological processes of the two parties and the protection of
geographical indications.

(2) With  a  view  to  ensuring  the  continued  smooth  progress  of  these  negotiations,  the
derogation  allowing  the  addition  of  malic  acid  to  wines  produced  on  the  territory  of
Argentina  and  imported  into  the  Community  should  be  extended  until  the  entry  into
force  of  the  agreement  resulting  from  the  above  negotiations,  but  not  later  than
30 September 2004,

HAS ADOPTED THIS REGULATION:

Article 1

The second subparagraph of Article 1(1) of Council Regulation (EC) No 527/20033 is hereby
amended a follows:

"However, this  authorisation shall only be valid  until  the  entry  into  force  of  the  Agreement
resulting from the negotiations with Argentina on an agreement on trade in wine, and not later
than 30 September 2004."

1

2

3

OJ  L  179,  14.7.1999,  p.  1.  Regulation  last  amended  by  Regulation  (EC)  No  806/2003  (OJ  L  122,
16.5.2003, p. 1).
OJ C …, …, p .. .
OJ L 78, 25.3.2003, p. 1.

3

                                                
This Regulation shall enter into force on the third day following its publication in the Official
Journal of the European Union.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council
The President

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1.

2.

3.

4.

5.

5.0

5.1

FINANCIAL STATEMENT

BUDGET HEADING:
05 02 09

APPROPRIATIONS:
(PDB 2004)
EUR 1 348 million

TITLE:
Council Regulation amending Regulation (EC) No 527/2003 authorising the offer and delivery for
direct human consumption of certain wines imported from Argentina which may have undergone
oenological processes not provided for in Regulation (EC) No 1493/1999
LEGAL BASIS:
Article 133 of the Treaty
AIMS:
To extend the derogation for the import of Argentine wines until 30 September 2004.
FINANCIAL IMPLICATIONS

12 MONTH
PERIOD

(EUR million)
p.m.

CURRENT
FINANCIAL
YEAR
2003
(EUR million)
p.m.

FOLLOWING
FINANCIAL
YEAR
2004
(EUR million)
p.m.

CHARGED TO THE EC BUDGET

NATIONAL AUTHORITIES
OTHER

EXPENDITURE
-
(REFUNDS/INTERVENTIONS)
-
-
REVENUE
-
(LEVIES/CUSTOMS DUTIES)
NATIONAL
-

OWN RESOURCES OF THE EC

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:

-

-

-

2005
-
-

2006
-
-

2007
-
-

2008
-
-

-
CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN
THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS
OF THE CURRENT BUDGET?

6.0

6.1

6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?
6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?

OBSERVATIONS:

YES NO

YES NO
YES NO

YES NO

This is an extension of the derogation allowing Argentina to import wine into the Community. This measure
could  have  an  impact  on  Community  expenditure  as  a  result  of  the  additional  quantities  of  wine  on  the
market. However, this impact cannot be measured.

5